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About this book

Securing privacy in the current environment is one of the great challenges of today’s democracies. Privacy vs. Security explores the issues of privacy and security and their complicated interplay, from a legal and a technical point of view. Sophie Stalla-Bourdillon provides a thorough account of the legal underpinnings of the European approach to privacy and examines their implementation through privacy, data protection and data retention laws. Joshua Philips and Mark D. Ryan focus on the technological aspects of privacy, in particular, on today’s attacks on privacy by the simple use of today’s technology, like web services and e-payment technologies and by State-level surveillance activities.

Table of Contents

Frontmatter

Chapter 1. Privacy Versus Security… Are We Done Yet?

Abstract
It is often assumed that privacy and security are alternative values, which cannot be pursued together. Hence, the strength of the “nothing-to-hide argument”: if you have nothing to hide, you have nothing to fear. Besides, ensuring the security of the network itself is said to actually require a detailed analysis of network flows. Reasonable expectations of privacy should thus progressively disappear in cyberspace. While it is true that enforcement of legal rules is a real challenge when communications are transmitted through the means of a borderless network, the evolution of the case law of the European Court of Human Right recently followed by the Court of Justice of the European Union does show that the right to respect for private life should have important implications online and in particular should significantly restrict the systematic collection and retention of content and traffic data by both public and private actors such as Internet service providers. At a time at which data-gathering and data-matching technologies are more sophisticated than ever, as illustrated by Snowden’s revelations, it is crucial to fully comprehend the interaction between the protection of privacy and the furtherance of security in order to set appropriate limits to surveillance practices. The purpose of this chapter is therefore twofold: first, to shed light upon the European approach to privacy and explain the interplay between privacy law, data protection law and data retention law; second, to explain how the values of privacy and security should be balanced together and in particular how privacy law should serve to scrutinise the appropriateness of measures implemented to ensure the security of the social group at large.
Sophie Stalla-Bourdillon

Chapter 2. A Future for Privacy

Abstract
We discuss how the personal privacy that we are used to as a way of life is continuously being threatened by modern technology. We divide these threats into different categories based on who the perpetrator is, and the extent to which the privacy invasion was intended by the system designer. We discuss in detail how some technologies, like the web, compromise privacy. We explain why privacy is important and describe the conflict between privacy and law enforcement. Finally, we explain our ideas for the future, which include a system for verifiable accountability to allow citizens to see what and how much information is collected and used. We give some examples of how such technology could be used in the future.
Joshua Phillips, Mark D. Ryan
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